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T 339 
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The Pateniext 



QUESTIONS 

and ANSWERS 



**Man carries the world in his head* '' 

— Emerson 



E. W. ANDERSON & SON 

Counselors at Law 

Patent Attorneys 

WASHINGTON, D. C. 

Copyright, 1915, by E. W. Anderson &, Son 



The Patentext 



*' Those <zvho think must govern those <who toil/' 

— Goldsmith 



E. W. ANDERSON & SON 

Counselors at Law 

Patent Attorneys 

700 7th Street. Washington, D. C. 

Copyright, 1915. by E. W. Anderson & Son 



INDEX .n^ 

Page 

Value and protection of ideas 3-4 

Caveat Law abolished 4 

Definition of an invention 5-7 

Inventions Wanted — Why misleading 7 

Improvements upon patented articles 9 

Mechanical skill and suggestions of others 9 

Employer and employee 10 

A patentable invention. Has it been made? 11 

The preliminary examination 12 

Several inventions in one patent : . 13 

Joint inventorship 13 

Inventor and backer , 13 

Joint ownership of patents 13 

When to make application 14 

Applications not public 15 

Non-precedence of applications 16 

Process of official examination 16-17 

Models not needed 17 

Assistance of attorney 17 

Time needed to obtain patent 18 

Good inventions lost 20 

Second application for same thing 21 

Abandonment of applications 21 

Remedy of mistake in patent 21 

Advertisement of patents by Government. 22 

Payment of final Government fee 22 

Renewal application 22 

Protection against infringement 22 

Application itself guards the right 23 

;Design patent 23-24 

Xraw favors the first applicant 25 

Extension of patent 26 

Marking of patented article 26 

Patent applied for mark 27 

Test of patent value 27 

Assignments, licenses, etc 28-30 

Selling of patents 31 

Infringement 32 

Foreign patents y.- 33-36 

OfC -4 19/5 

©CI.A414895 



THE PATENTEXT 



GOVERNMENT PROTECTION 

FOR 

USEFUL IDEAS 



1. Are new and useful ideas valuable? 
Yes, especially the thought of the need of 

some new device or improvement, and sec- 
ondly the idea of the device or improve- 
ment itself. The discovery of the need is 
the most important, as it is not so very 
difficult to work out the device, once you 
find that it is needed. Lists of "Inventions 
Wanted" are second-hand ideas, which are 
misleading. 

2. In what forms are valuable ideas 
worked out? 

As books, pictures, sculptures, music, and 
other "fine arts." And as tools, machines, 
implements, processes, articles of manufac- 
ture, and improvements of all kinds in the 
mechanical or "useful arts." All the works 
of man at first were only ideas. 

3. What does the Constitution of the 
United States provide for the protection of 
inventors and authors? 

That Congress shall have power to pro- 
mote the progress of science and useful arts, 
by securing for limited times to authors and 
inventors the exclusive right to their re- 
spective writings and discoveries, and power 
to make all laws which shall be thereunto 
necessary and proper. 

4. What law of Congress provides for the 
protection of authors, sculptors, painters, 
engravers, photographers, musicians, etc.? 



The Copyright law, which gives protec- 
tion upon proper application, at Washing- 
ton, for twenty-eight years, with privilege 
of renewal. The law has been lately 
changed so that copyright is secured after 
publication — a very important change, be- 
cause many people do not think of getting 
protection until after their work has been 
published. 

5. What laws provide for the protection 
of discoveries and improvements in pro- 
cesses, machines, manufactures and compo- 
sitions of matter, — otherwise called the use- 
ful arts? 

The Patent laws, whereby a patent may 
be obtained by any person who has invented 
or discovered any new and useful art, ma- 
chine, manufacture or composition of mat- 
ter, or any new and useful improvement 
thereof, under certain conditions, for seven- 
teen years. And a patent may be obtained 
by anyone who has invented a new, origi- 
nal and ornamental design for an article of 
manufacture. Renewals of patents are not 
granted. 

6. Is there any other means for protect- 
ing the outcome of such ideas? 

There are no other laws for such protec- 
tion. The States have no powers in this 
direction, and it is not within the province 
of the common law. It is entirely a concern 
of the general Government at Washington, 
and the franchise extends over the entire 
United States. 

7. What was the Caveat law, and is it 
now in force? 

The Caveat was a proceeding whereby 
anyone could lodge a description of his idea 
or invention in the Patent Office, and so 
neutralize the advantage of any other per- 



son applying for a patent thereon for one 
year. This law was abolished some years 
ago. 

8. What i^ an invention? 

The philosopher Mach says it is "the dis- 
covery of the coaction of relations." Judge 
Blatchford, one of the most able of our 
jurists, said "there is scarcely a patent 
granted which does not involve the applica- 
tion of an old idea to a new use, but the 
merit consists in being the first to make 
the application, the first to show how it can 
be made and the first to show that there is 
utility in making it." Every Examiner in 
the Patent Office has his own idea or stand- 
ard of utility or advantage necessary, and 
that is why it takes time to prosecute an 
application. The Examiner has to be 
shown. 

9. Can anyone make an invention? 
Yes; everyone of more or less activity of 

mind is constantly devising means to do 
things or improvements on things already 
made. It is a gift belonging to the human 
mind, and in children it is very evident. 
Having strong imaginations, they use crude 
devices to fill the many needs they discover 
in their play. 

ID. How do inventions arise? 

First, one sees the need of something to 
be done, and then the idea of a suitable 
means for the purpose, in the shape of a 
tool, a machine, or other article, or a pro- 
cess or composition comes into the mind, 
and is worked into shape. All the works 
of man have been devised in this way. Be- 
ing without claws or teeth or defensive 
covering, mankind would long ago have 
been destroyed off the face of the earth 
were it not that he is naturally a "tool- 
making animal." 



11. Why are new devices and improve* 
ments necessary? 

Because of changes in the ways and cus- 
toms of civilization, — advances for the ben- 
efit of mankind in matters concerning health 
and occupation, rest and recreation, suste- 
nance and transportation, which are led up 
to by scientific investigations and the exi- 
gencies of trade. By giving attention one 
may discover the need before another and 
so arrive at a patentable device. 

12. Are inventions mainly improvements 
on what is in use? 

The Patent Office regards every inven- 
tion as an improvement upon what is or 
has been in use. Manufacture moves for- 
ward step by step, because old ways be- 
come habits. 

13. Why is all improvement of slow 
progress? 

Because old habits and accustomed ways 
fetter the mind and stand in the way of 
new ideas and discoveries. '*Yet if a man 
look sharply and attentively he shall see 
Fortune, for although she be blind, she is 
not invisible." 

14. Is it difficult to make an invention or 
improvement? 

Inventions are ideas. We do not make 
them, — they come into the mind, sometimes 
quickly, as the result of "a happy thought," 
sometimes slowly and as a consequence of 
attention and consideration because of the 
many plans and combinations which inter- 
fere before the right one appears. "The 
minds of today are as competent as ever 
were those of the past for shaping an in- 
vention, once the need for it is discovered." 

15. What ideas go to make an invention? 
Two principal ideas are involved. One 

is the discovery of the need of the new 
device or improvement, that is to say, the 



idea of the end to be attained. The other 
is the idea of the means to attain that end. 
When the invention is made, both ideas are 
satisfied, although the originator may only 
have a general idea of the means to be 
used. As everyone can think of a remedy 
or means it is easy to see that the most im- 
portant thing is finding the need of it. 

1 6. What is the most important thing in 
regard to an invention? 

The discovery of the need for it, — that it 
would be of value as a real improvement or 
advance. In fact, it is a need which has 
iiot been appreciated, — a want which has 
not received attention, — a defect heretofore 
unseen, that will best repay thought and 
ingenuity. The discovery of such an actual 
need or deficiency is of real importance and 
opens a field for attention and study all 
your own. Such discoveries are referred to 
in the Constitution as above quoted. 

17. How large is the field of invention? 
As wide as civilization. The works of 

man are never perfect or entirely suitable 
either in themselves or in the means of 
manufacture. The opportunities for better 
devices and improvements are increasing 
because of new requirements and condi- 
tions for which old ways and means are 
not sufficient. 

18. Why are lists of "Inventions Want- 
ed" misleading? 

Because such lists and suggestive state- 
ments can, as a rule, only refer to matters 
old and well known, and are therefore de- 
ceptive. If you should discover the need 
of a valuable improvement or device, would 
you "give it away"? These published lists 
of second-hand ideas are greatly over- 
worked and are without remuneration or 
reward in sight. You might as well ex- 



amine a catalogue of everything that ever 
was made, as there is nothing which cannot 
be made better. 

The pressing need or want of an inven- 
tion, unless of extraordinary difficulty or 
requiring peculiar scientific information, is 
not apt to be given away in a public manner. 

19. Is everything made by man open to 
improvement? 

The inventor is the pioneer of trade. It 
is his office to provide the means whereby 
the institutions of advancing civilization 
are rendered possible. Our lives are taken 
up in work, recreation, rest, traveling, sick- ' 
ness, sleep, and the necessities of progress 
open all fields to new devices for the aid of 
humanity in these relations not only in the 
town, but also on the farm, in the mine and 
on the sea. 

20. What does the law provide as to in- 
ventions and improvements? 

That any person who has invented or 
discovered any new and useful art, ma- 
chine, manufacture or composition of mat- 
ter, or any new and useful improvement 
thereof, may have a patent therefor. And 
that any person who has invented any new, 
original and ornamental design for an arti- 
cle of manufacture may obtain a patent 
therefor. 

21. Is the Patent law an indication of 
progress? 

It has become well understood that .the 
works of man are never perfect or suitable 
to the times in all respects, either in the 
devices in use or their means of manu- 
facture. The law is always anticipating 
and expecting new and useful devices and 
improvements to be thought out, and 
stands to promote all such advances, and 
to reward the originator for the disclosure 



of the new article or improvement which 
he makes in his application to the govern- 
ment. Opportunities for the introduction 
of better means of living and of doing any- 
thing are increasing owing to the multi- 
plicity of new requirements and conditions. 
The law is the call of the public in this 
regard. 

22. Can a change or improvement upon 
a patented machine or article be patented? 

Yes. Improvements upon patented de- 
vices are constantly being patented. In 
the Patent Office every new device is called 
an ''improvement." Many hundred im- 
provements upon the original sewing ma- 
chine have been patented. 

23. May the originator make use of the 
suggestions or mechanical skill of others? 

Yes. The skill of others may be used in 
working out the invention. Anyone who 
has an idea of a new machine or device of 
any kind is entitled to avail himself of the 
skill of a mechanic in perfecting it, and 
does not lose his right to it because he 
adopts suggestions so made. Many worthy 
inventors would fail in their efforts were it 
not for the aid and encouragement received 
from mechanics. But having explained the 
matter, it should not be allowed to rest for 
any length of time without application for 
patent . 

24. May an inventor make use of sugges- 
tions of others? 

Anyone who has an idea or plan may 
employ the skill or use the suggestions of 
others in working out the means to attain 
the end, without losing his rights as inven- 
tor or originator. But in order to be per- 
fectly safe he should make application for 
his patent within a short time. The law 
favors the first to come to the Patent Office. 



25. Do experiments of others and trials 
which have failed stand in his way? 

Suggestions of others and experiments 
which have failed, or have been abandoned, 
do not stand in the way of a patent to one 
who has worked the matter out and made 
his application to the Patent Office. 

26. Do manufacturers make inventions? 

Usually manufacturers are more occu- 
pied with results than with the means and 
improvements involved in bringing about 
these results. As a rule, they are depend- 
ent on others in this regard, and are glad 
to be informed. 

27. What devices are likely to interest 
manufacturers ? 

Any new idea or plan, whether it relate 
to a novel device in his line of manufacture 
or improvement to be made, or to some 
change which will save time, labor, waste, 
floor-space, wear and tear or other expense 
in a manufactory, has a real value to the 
manufacturer, who stands to recompense 
the owner of a patent controlling the mat- 
ter. 

28. What general rules govern the rela- 
tion between an employer and his em- 
ployee? 

"When an employer has conceived the 
plan of an invention and is engaged in 
working to perfect it, no suggestions from 
an employee not amounting to a new matter 
or arrangement which is in itself a complete 
invention, is sufficient to deprive the em- 
ployer of the exclusive property in the per- 
fected improvment." But it is apparent that 
circumstances may vary very much in these 
cases, and therefore it is best to avoid ques- 
tion by bringing the matter before the Pat- 
ent Office as soon as possible. 

10 



29. Does an invention made by an em- 
ployee belong to his employer? 

Not unless by contract. When an em- 
ployee originates ^n invention and is work- 
ing it out, while in the employment of an- 
other who has never outlined the same, the 
invention remains the property of the work- 
man or employee, even although it may be 
in the line of business of his employer. The 
employment of a mechanic to do work in 
a factory does not necessarily involve a 
right in the employer to any invention 
which the mechanic may make while under 
such employment. But if the employee per- 
mit the machine or improvement to be 
made at his employer's expense, and to be 
used in the factory, then the employer will 
have an implied license or right to use that 
machine or improvement, but not to build 
or make another like it. In either case, how- 
ever, the patent goes to the employee. 

30. How may you know if your device or 
improvement is an invention? 

If you have not seen or heard of it before 
the idea of the thing came into your mind, 
it is your invention. 

31. How can you find out if it be patent- 
able? 

First, by making an application for a pat- 
ent, which will require an examination of 
the records in the Patent Office at Wash- 
ington to ascertain if the device has already 
been patented. Two valid patents are not 
allowed for the same thing. Second, by 
having a preliminary examination made of 
these records before making the application 
for patent. 

32. What is the cost of this official ex- 
amination ? 

Usually $45, which includes the expense 
of preparing the necessary application 

11 



papers, drawings and the government filing 
fee. 

33. Is there a less expensive way of hav- 
ing an examination made? 

The records of patents in the Patent 
Office are open to everyone, and you can 
make a preliminary examination yourself, 
or have it made for you. But this examina- 
tion can only be made at Washington, be- 
cause nowhere else are the patent records 
found complete and in form for examina- 
tion. 

34. Why is a preliminary examination 
important? 

Such an examination is designed to save 
the inventor not only expense and work, but 
also worry of mind. And in most cases it 
will so inform him that his proceedings will 
be materially facilitated. 

35. Who is the best person to make this 
examination? 

A competent patent attorney located in 
Washington, and having constant practice 
in such examinations in the Patent Office, 
is best fitted for this work, which is not of 
ordinary character. The Patent Office rec- 
ords are classified in a highly technical man- 
ner. 

36. What has the Commissioner of Pat- 
ents said regarding attorneys? 

That the "value of their services will be 
proportioned to their skill and honesty, and 
too much care cannot be exercised in their 
selection. The Office cannot assist appli- 
cants in their selection. It will be, how- 
ever, unsafe to trust those who pretend to 
the possession of any facilities except ca- 
pacity and diligence for procuring patents 
in a shorter time or with broader claims 
than others." 

12 



37. What do the courts say in this re- 
gard? 

That ''the specification and claims of a 
patent constitute one of the most difficult 
legal instruments to draw with accuracy, 
and, in view of the fact that valuable inven- 
tions are often placed in the hands of in- 
experienced persons to prepare such speci- 
fications and claims, it is no matter of sur- 
prise that the latter frequently fail to de- 
scribe, with requisite certainty, the exact 
invention of the patentee, and err either in 
claiming that which the patentee has not 
invented, or in omitting some element 
which was a valuable or essential part of 
his actual invention." 

38. Who miust sign the application for 
the patent? 

The actual inventor or originator. Or if 
he be dead, his executor or administrator. 

39. Can several inventions be protected 
by a single patent? 

No. Such a patent would be found in- 
valid in court. 

40. Suppose two persons are jointly 
working out the new device? 

Then both should sign the application. 
But if one is merely aiding the originator 
in a mechanical way with suggestions or 
in experimenting, his signature would not 
be necessary. 

41. But if one is the originator and the 
other is to bear the expense? 

The inventor must sign the application, 
and assign whatever interest the other 
party is to have by a writing. 

42. Where there are several joint owners 
of a patent, can each sell his right or go into 
the manufacture independently of the other? 

Yes. The patent is not a contract be- 
tween the patentees. Neither one can hold 

13 



the other because of the patent. Each can 
manufacture and sell the patented article 
independently, and without being held ac- 
countable to the other. 

43. How may this be guarded against? 
The owners of the patent can make a 

business contract with each other express- 
ing such conditions as they may mutualy 
approve. 

44. How soon should the application be 
made? 

The application for patent should be 
made as soon as the idea has been reduced 
to some kind of form, not waiting for the 
most perfect embodiment. The early appli- 
cant is favored, as his case is more quickly 
decided in the Patent Office; and when 
there are conflicting applications for the 
same invention, the first on file has great 
advantages. 

45. Where must the application be made? 

In the United States Patent Office at 
Washington, the only place where complete 
records of patents are to be found. This 
great institution is founded in the laws of 
Congress, and there is no way to protect 
an invention or improvement except 
through the examinations and ministrations 
of its officers. 

46. What are the government fees? 

The filing fee for an application is fifteen 
dollars, and when the application is allowed 
a fee of twenty dollars is required to pay 
the expenses of issuing the patent. Six 
months' time from the date of the allowance 
is given for this payment. If not made, the 
application becomes abandoned. But the 
patent is not necessarily lost, as a new ap- 
plication may be made within a limited time 
for the same invention, new fees being re- 
quired, and a new official examination made. 

14 ^ 



When appeal is taken to the Board of Ex- 
aminers-in-Chief the government fee re- 
quired is ten dollars. And the government 
fee for appeal to the Commissioner of Pat- 
ents in person is twenty dollars. 

47. What is the Patent Office? 

A massive granite building covering an 
area of two squares of ground in the City 
of Washington. It holds the various tri- 
bunals, whereby the allowance or rejection 
of applications for patents are officially de- 
cided upon, such decisions involving in most 
cases much argument and explanation on 
the part of applicants and their attorneys 
and careful consideration on the side of the 
official examiners. There are over forty 
sworn examiners, each having his apart- 
ments, clerks and assistants; and facilities 
for the examination of the records of the 
patents of his class to determine with rea- 
sonable certainty and speed the novelty of 
an invention. It is the greatest institution 
of the kind in the world, and its public rec- 
ords are open to anyone. Copies of patents 
and public records are for sale. 

48. Are applications for patents open to 
the public? 

The private records of pending applica- 
tions are held secret, except to the exam- 
iner, the applicant and his attorney, or to 
an assignee. 

49. Does the Commissioner of Patents 
decide applications? 

He does not, unless an application comes 
before him on appeal from the Board of 
Examiners-in-Chief. He has the power to 
do so, however, in any case, and sometimes 
he acts to prevent the issue of a patent on 
an allowed application. 

15 



50. Who decides applications for patents? 

The examiners of the Patent Ofifice, each 
having his division including one or more 
classes of inventions. The decision of an 
examiner, unless appealed from, is final. 

51. Why are the official examiners classi- 
fied? 

Improvements are devised in all arts and 
manufactures. By apportionment, a few 
arts are given to each examiner, who is 
expected to become acquainted with their 
known devices and features, and the prior 
art involved, so that his searches and de- 
cisions can be made with reasonable celerity 
and certainty. 

52. Why is an application for patent ex- 
amined? 

To make sure that it formally accords 
with the law regarding the preparation of 
the papers ; to ascertain the relation of the 
invention disclosed to the prior art; to pro- 
vide for such amendment and modifications 
as the applicant or his attorney shall direct, 
and to make sure that the specification is in 
exact shape required for the patent deed. 

53. May one application have precedence 
over another? 

No. The law requires applications to be 
examined in order, according to their num- 
bering and filing dates. 

54. What exception is sometimes made? 
When the head of a department of the 

government requests immediate action be- 
cause the invention is deemed of peculiar 
importance to the government. 

55. What is the usual process of the offi- 
cial examination? 

I. Ascertaining if the application papers 
are in correct form, — not informal. 

16 



2. Comparing the specification and draw- 
ings, and seeing that formal claims are 
made. 

3. Examining the prior art and patents 
with reference to their bearing on the sub- 
ject-matter of the claims. 

4. Official notification of the applicant or 
his attorney of the result. 

5. Reconsideration if so required with or 
without amendment and argument present- 
ed in writing by the attorney under the 
rules; and 

6. Final action involving the rejection or 
the allowance of the application. 

56. Are models required to be filed with 
applications? 

No. Sometimes the examiner requires a 
model in a special case, and then it must 
be furnished. 

57. What part of the application requires 
the most careful attention? 

Every word of a claim must be carefully 
scrutinized, because it is that portion of a 
patent which marks out the limits of the 
invention, and constitutes formal notice to 
the public that within these limits the mat- 
ter is private property under the grant. 

58. Does the official examination extend 
beyond the patent records? 

The official examination extends to all 
machines and manufactures, and books and 
catalogues describing and explaining ma- 
chines, compounds, manufactures, and arti- 
cles of all kinds. 

59. Is the professional attorney of much 
assistance to the Office? 

By careful preliminary examination and 
his technical knowledge, the attorney is able 
to reduce much crude information to a clear 
and exact specification in connection with 

17 



artistic drawings and definite claims, so that 
the official examination is very much fa- 
cilitated. And in the entire prosecution of 
the case much time is saved and friction 
avoided by reason of the care and skill of 
the attorney. 

60. How long does it usually take to ob- 
tain a patent? 

This depends on the condition of the work 
in the examiner's class or division to which 
the application is assigned, and it is seldom 
that the first examination is reported in less 
than six weeks. All actions made by the 
Office, and all amendments and explana- 
tions of the applicant or his attorney are 
required to be in writing and recorded. 
Even oral hearings and explanations are 
often reduced to writing. From two to four 
months is a moderate time within which to 
prosecute an application before an exam- 
iner, and after allowance about four weeks 
is required to print the papers and issue the 
patent. 

61. Why do arguments, amendments, ex- 
planatory statements and hearings take 
much time? 

Because the law requires all actions, 
whether of the Office or of the attorney, to 
be made in writing, and duly recorded. 
Papers of technical character, designed to 
have weight in regard to property rights, 
cannot be prepared without due considera- 
tion, which takes time. 

62. Are there any rules regarding oral 
explanations in the Patent Office? 

Certain hours of each day are appointed 
by the examiners for hearings and explana- 
tions, often of great importance in satisfy- 
ing the Office of the propriety of granting 
a patent, and particularly in regard to the 
scope of patent claims. 

18 



63. Are two applications ever filed by 
different persons for a patent for the same 
thing? 

When the need for an improvement be- 
comes very urgent, it is apt to impress 
more than one person or consciousness 
about the same time. And some people be- 
lieve that the first applicant is entitled to 
the patent, whether he originated the device 
or not. In this way it happens that appli- 
cations sometimes interfere in the Patent 
Office. 

64. For what reasons may an application 
be rejected or refused? 

First, for informality or crude preparation 
of the specifications, drawings or any of the 
application papers. Second, because of 
prior patents or publications showing the 
device or improvement claimed; and, third, 
because of the opinion of the examining 
official that the improvement claimed is not 
of sufficient weight or importance to war- 
rant a patent. 

65. Are many applications rejected? 

Usually about one-third of the applica- 
tions filed fail of allowance, mainly because 
of mistakes in the preliminary investiga- 
tions, failure to fully appreciate the inven- 
tion, badly prepared application papers and 
inefficient prosecution of the matter before 
the examining officials. 

66. Is there any recourse after official re- 
jection or refusal to grant the patent? 

Yes. The application can be taken out of 
the hands of the examiner and carried by 
appeal to the Board of Examiners-in-Chief, 
which consists of three judges, who have 
power to reverse the decision of the exam- 
iner or to confirm it. 

19 



67. How may good inventions be lost? 
First, through failure in the preliminary 

examination, especially when the applicant's 
explanations are not understood or are 
wrongly apprehended, so that the special 
bearing and importance of essential features 
fail to receive proper consideration. In- 
ventors are modest and often hesitate to ex- 
plain in full, while those who examine may 
be of dull appreciation or too wedded to old 
ways to understand the matter presented. 

Second, through badly prepared applica- 
tion papers, and particularly specifications 
and claims, failing to properly set out and 
describe the improvement. 

Third, through failure on the part of the 
examining official to appreciate the inven- 
tion, as when he holds the result to be a 
mere matter of skill, or looks at it as of too 
little importance to warrant a patent. Offi- 
cial examiners differ very much in their 
methods of thought and in the consequent 
decisions which they make. 

Fourth, through failure to issue a patent 
after the allowance. 

68. And if the Board of Examiners-in- 
Chief confirm the adverse decision of the 
examiner? 

The application may then be appealed to 
the Commissioner of Patents in person. 

69. Is there any appeal from the Com- 
missioner? 

The Court of Appeals of the District of 
Columbia has power to review the decision 
of the Commissioner of Patents and to order 
the allowance of the application. 

70. But if the examiner decide in favor 
of the application, does that settle the mat- 
ter? 

As a general rule his favorable decision 
is final. In rare cases the Commissioner 
has overruled this decision. 

20 



71. Can a second application be filed for 
the same thing? 

Yes. A second application is often filed, 
especially after the first application becomes 
abandoned. Or when the first application 
appears to have been wrongfully rejected in 
the final action. 

72. When is an application abandoned? 

1. When the application is not made 
complete and formally correct. 

2. When there is a failure in the prose- 
cution. 

3. When the applicant abandons the ap- 
plication by written statement. But the 
invention is not affected by abandonment 
of the application and a new application may 
be filed for the patent. 

73. How can a mistake in your patent 
be remedied? 

By application for reissue of the patent. 
If the mistake was made by the Patent 
Office, the patent will be reissued without 
cost. But if the error was the fault of the 
applicant or his attorney, the government 
reissue fee, thirty dollars, will be required. 

74. What serious errors sometimes occur? 
Any error in a patent is serious. But a 

weak or faulty claim is especially so, be- 
cause the claim is the public notice of the 
limitation of the right patented. The fact 
of infringement depends upon the claim 
stated in the patent, and not upon the inven- 
tion, which may or may not have been cor- 
rectly defined by the claim. 

75. Why should an erroneous patent be 
reissued without delay? 

I. Because the faulty patent may not pro- 
tect the invention explained therein, and 
therefore the invention may be used without 
license from the patentee. 2. A limited 

21 



time, usually two years, is allowed for such 

reissue. 

76. Are all patents advertised by the 
government? 

Yes, in the Patent Gazette, which is pub- 
lished every week at Washington by the 
Patent Office. The subscription price is five 
dollars a year, and it is the most extensive 
publication of its kind, containing besides 
the decisions of the courts and Commis- 
sioner of Patents, an explanatory drawing 
and claims of every patent issued. 

77. When an application is officially al- 
lowed, what must be done to cause the 
patent to issue? 

Within six months from the date of al- 
lowance the government final or issue fee 
of twenty dollars must be paid at the Patent 
Office or at some subtreasury of the United 
States. If not so paid a new application 
can be made. 

78. Is there any risk in delaying this pay- 
ment? 

The Commissioner of Patents may with- 
draw the allowance at any time; and this 
will happen in case another application for 
patent for the same invention shall come 
before the examiner. 

79. When can a renewal application be 
made? 

A renewal application can be made within 
two years after formal allowance of the ori- 
ginal application, and afterward a new ap- 
plication can be made. 

80. When does actual protection against 
infringement commence? 

At the date of the patent, this being the 
deed of the United States — the government 
grant — without which there can be no ex- 
clusive right to protection against the un- 
licensed use of the patented device by any- 
one. 

22 



8 1. How does the application of itself 
guard the right? 

It stands for the applicant in the Patent 
Office against all comers, and in position to 
prevent the grant of a patent for the same 
invention to anyone not having a prior right. 
So that while the application is not of itself 
a protective instrument, like a patent deed, 
it is a guard to prevent a patent from being 
issued to another person for the same in- 
vention without due investigation. 

82. Can the design of an article be pat- 
ented? 

Yes; any person who has invented any 
new, original and ornamental design for 
any article of manufacture may obtain a 
patent for it. This is provided for by a 
very important law covering ornamental 
shapes and configurations, as in frames, 
plates, escutcheons, crockery, furniture, 
jars, bottles and receptacles, baskets, jew- 
elry and other articles; also new designs 
for carpets and other fabrics, paperhang- 
ings, etc., and for dies, impressions and or- 
naments in connection with any article. 

83. What is meant by the term "design"? 
The law refers to new forms or shapes of 

articles or of their surfaces as novel orna- 
mentations or configurations. Patterns, 
dies, castings, frames, plates, escutcheons, 
borders, fringes, jewelry, ornaments and 
many other articles of artistic character are 
capable of being protected; also new type, 
and designs for printing, weaving, painting 
or stamping fabrics, oilcloths, paper hang- 
ings. Also designs for labels, envelopes, 
wrappers, boxes and bottles, crockery, as 
well as ornaments to be used on any article 
of manufacture. 

84. Can a patent be obtained for the or- 
namental shape or design of an article, as 

23 



well as a patent for the article as a new 
and useful device or invention? 

Yes. The Office will grant a patent for a 
novel article of use, and another patent for 
the ornamental shape or form in which it is 
embodied. 

85. Is not this giving two patents for the 
same thing? 

It is not so regarded, because the orna- 
mental shape or form of the article may be 
varied without interfering with its useful- 
ness. 

86. How long does a patent for a design 
run? 

A design patent may have a term of 
three and one-half years, or one of seven 
years, or fourteen years, determined by the 
government fee, which is ten dollars for the 
short term, fifteen dollars for the seven-year 
term, and thirty dollars for the long term. 

87. Can a short term design patent be ex- 
tended? 

There is no law for the extension of a 
patent of the United States. Congress can 
extend a patent, but, although it has been 
petitioned, it will not do so. 

88. When the Patent Office receives ap- 
plications from different persons for patent 
for the same thing, what course is taken? 

The two applications are held to be in 
"interference,'' and proceedings are taken 
to prove which of the two applicants made 
their invention first. These proofs are to 
establish the date of the original idea or 
conception, and to show the actions of the 
two applicants in following up the matter 
and reducing it to practice. 

24 



Sg. In deciding this question of priority 
of invention, does the law favor the first 
applicant? 

Yes. The first applicant, according to the 
present practice, is given proof of reduction 
to practice at the date of his application for 
patent. 

go. Are interference proceedings some- 
times, required after the issue of a patent? 

When a patent has been issued for an in- 
vention belonging to another person, this 
person can make his application for patent, 
and if he can prove to the satisfaction of the 
official examiner that he made the invention 
before the patentee, his patent will be grant- 
ed. There will then be two patents for the 
same thing, but the first will lie under the 
shadow of the Patent Office decision. But 
the application for the second patent must 
be made within two years from the date of 
the first patent. 

gi. What is a patent? 

A patent is a government deed, granting 
the exclusive right, for seventeen years, to 
make, use and sell the device or improve- 
ment which is described therein, to the in- 
ventor or patentee, who thus becomes the 
exclusive owner of the right over the entire 
United States. A patent is therefore a 
legal document, in regard to which a lawyer 
should be consulted. 

g2. What does the government grant? 

The government grants to the patentee, 
his heirs or assigns, for the term of seven- 
teen years, the exclusive right to make, use 
and sell the invention or discovery through- 
out the United States and the Territories 
thereof, referring to the specification an- 
nexed to the patent for the particulars. It 
does not guarantee that the specification is 
correct, however, as the applicant or his 
attorney is responsible therein. 

25 



93. May anyone obtain a patent? 

Any person, whether citizen or foreigner, 
man, woman or child, being the original 
and first inventor or discoverer of any new 
and useful art, machine, manufacture or 
composition of matter, or any new and use- 
ful improvement thereof, may obtain a pat- 
ent. In case of the death of the inventor, 
his executor or administrator may procure 
the patent. 

94. How is a patent obtained? 

By means of an application to the Com- 
missioner of Patents, at Washington, such 
application, including a description and ex- 
planation of the device, machine, or im- 
provement, in such manner that anyone can 
make and use it; and a drawing if the in- 
vention admits of it. The examination of 
the application in the Patent Office deter- 
mines whether or not the; patent shall be 
issued. 

95. How long does a patent remain in 
force? 

For seventeen years from its date. De- 
sign patents have shorter terms. 

96. Can this term be extended? 

There is no law whereby the term of a 
patent of the United States can be extend- 
ed. Congress has power to extend a patent, 
but it has not been prevailed upon to do so 
for many years. 

97. How should a patented article be 
marked under the law? 

The legal mark consists of the word ''Pat- 
ented,'' followed by the patent date, thus : 
''Patented Nov. 11, 1912.'' 

98. Is this marking absolutely necessary? 

No. But where a manufacturer suing 
apon his patent has failed to mark his goods 
as required, no damages can be secured by 

26 



him for infringement, unless he proves that 
he notified the infringer in ample form, who 
continued after notice to make and sell the 
article patented. 

99. Is it advisable to mark an article 
"Patent applied for"? 

Yes, as a warning or notice to the public 
that the patent may be expected shortly to 
issue. 

100. Can the mark be put on the wrapper 
or inclosing box or envelope? 

The law provides that when from the 
character of the patented article the mark 
cannot be placed thereon, the marking may 
be done by affixing to the article or to the 
package or container inclosing one or more 
of them, a label containing the notice. 

1 01. Is there a penalty for the wrongful 
use of such marks? 

Anyone is liable to a severe penalty who 
marks upon or affixes to any unpatented ar- 
ticle the word "patent," or any word im- 
porting that the article is patented, for the 
purpose or with the intention of deceiving 
the public. 

102. What is the! best test of a patent for 
value? 

The test of all inventions is their adapta- 
bility to general use, and if they reach into 
our daily needs, it is easy to see how small 
a profit on a single article would yield a 
fortune. Patents for small devices and im- 
provements often yield quick returns, be- 
cause they are easily worked, and so have 
an advantage over those involving large 
outlay in their use and large capital to in- 
troduce them into the market. This should 
not discourage those having higher or larger 
inspirations, but should encourage him who 
has conceived some seemingly simple de- 
vice. 



103. Why is a patent of great value in 
the United States? 

Because of the great number and extent 
of its population, and their highly civilized 
character, and because of their wealth per 
capita. The number of its citizens now ap- 
proaches a hundred million, so that in every 
trade and walk of life there are a great 
many persons engaged, and because of their 
general enlightenment and efficient means 
of intercommunication the inhabitants of 
all parts seek to place themselves uder the 
best conditions and to provide themselves 
with the best articles. 

104. Are patents for special devices valu- 
able? 

Unusually so, in this country. Each trade 
and profession involves a great number of 
people. And devices of use to special 
classes, the blind, the lame or those who are 
otherwise deficient, are worthy of great con- 
sideration, not only because of their humane 
character, but also because such classes are 
very large and very dependent upon me- 
chanical aids for comfort. 

105. How is a patent or an interest therein 
assigned or sold? 

By a writing called an assignment, stat- 
ing the interest transferred and the consid- 
eration, which may be nominal, and signed 
by the owner or owners of the patent. The 
assignment must be recorded in the Patent 
Office within a short time in order to pro- 
tect the assignee. 

106. Can the invention and the applica- 
tion be assigned before the issue of the 
patent? 

A transfer of this kind is often made by 
an applicant, and may contain a request that 
the patent issue to the assignee. The paper 
should be recorded without delay in the 
Patent Office. 

28 



107. How does an individual interest in 
a patent differ from a territorial or divided 
interest? 

An individual interest is a fractional or 
proportional part, as one-half, one-third or 
one-quarter of the entire right. There is no 
physical limitation, and its exists in connec- 
tion with the other fractional rights every- 
where in the United States. But a terri- 
torial interest or right is an entire and com- 
petent right within the limit of the territory 
stated. The ownership of the right for the 
State of California is entire and complete 
within that State, and excludes those who 
own rights in the patent elsewhere. 

1 08. Why should all assignments or sales 
of patents or interests therein be recorded 
in the Patent Office? 

For public notice. If you execute a writ- 
ing transferring your patent to another per- 
son, and it is not recorded in the Patent 
Office, it will not hold the patent, and you 
can make another transfer to another party, 
which, if recorded, will hold good every- 
where. In the first case, the holder of the 
unrecorded assignment loses his right in 
the patent, through laches, or neglect, in 
favor of the second assignee. 

109. Why is it important to record an as- 
signment of an interest in a pending appli- 
cation? 

Unless such an assignment is recorded 
the Patent Office has no knowledge of it, 
and a subsequent assignment of the same 
interest to another party would be recog- 
nized and the person named in the un- 
recorded assignment would lose his interest 
in the patent. 

no. Are patents ever issued to anyone 
except the inventor? 

When there is an assignment duly re- 
corded containing a request that the patent 

29 



shall issue in accordance therewith, the 
Patent Office will so issue the patent. And, 
when the inventor is dead, upon filing cer- 
tified copy of Letters of Administration, the 
patent will issue to the administrator or ex- 
ecutor. 

111. How does a court regard an undi- 
vided interest? 

As an imperfect right. A court is very- 
jealous of its time, and will not consider 
an infraction of a right which is not entire 
or complete, because of uncertainty regard- 
ing the unknown factor. 

112. How does it regard a divided or ter- 
ritorial interest? 

It is a perfect and legal right within the 
limits of the territory stated. The grant of 
the entire interest in a patent within the 
limits of the Sate of California places the 
grantee in possession. 

113. What is a license? 

A writing on the part of the owner of a 
patent to license and empower another per- 
son to manufacture the improvement or de- 
vice for which the patent was granted, and 
to sell the same. The writing should care- 
fully state the consideration and the condi- 
tions agreed upon. When the license is ex- 
clusive and for the term of the patent it is 
practically an assignment of the entire right 
or patent. 

114. What is a shop-right? 

A shop-right is a license from the owner 
of a patent permitting another person, un- 
der certain conditions, to manufacture the 
patented device in a particular shop or fac- 
tory, and sell the same. 

115. What is a royalty? 

A license is often made in the form of a 
contract wherein the party empowered to 

30 



manufacture agrees to pay a certain sum 
as a license fee upon every article which he 
makes containing the patented device or im- 
provement, at certain times, with penalties 
for failure. This fee is a royalty. 

1 1 6. What IS the best way to sell or work 
a patent? 

First, avoid concerns who send circular 
letters broadcast offering to sell your pat- 
ent. This attractive speculating letter is 
sent to all patentees, and is regarded as mis- 
leading and even frequently fraudulent. The 
patentee himself is the proper person to see 
to the placing of the invention. He is not 
only the best judge, but is, in fact, the only 
person capable of judging the merits of the 
matter, — being fully acquainted therewith, 
so that he can talk understandingly about it. 

A business man wants to be shown. 
Show him. With a copy of the Letters 
Patent to give character to the matter, pro- 
vide a well-made model for explanatory ex- 
hibition, and printed matter describing the 
device and its advantages, and set about the 
matter in person. If the patented article or 
improvement is in the line of certain manu- 
facturers, write to them, or, better, visit 
them or one nearest you, in either case 
showing a copy of your patent and explana- 
tory printed matter. All things which may 
become articles of general trade, interest 
manufacturers in those lines. But when the 
patented article can be made in any locality, 
the patent right can be utilized by granting 
shop-rights or licenses. Very often a friend 
or neighbor will furnish sufficient capital 
to put the article on the market, and so a 
partnership may be formed. When larger 
capital is required, a company may be or- 
ganized for the promotion of the business, 
sufficient stock being sold to pay the ex- 
penses of manufacture and marketing. One 

31 



earnest patentee, knowing the value of the 
invention, can do more than a hundred 
speculators, ignorant of the need for the de- 
vice, and having only cursory understand- 
ing of its principle and advantages. 

117. What constitutes infringement of a 
patent? 

Making, selling or using the device or im- 
provement of the patent without license or 
permission, expressed or implied, on the 
part of the owner of the patent. When a 
patented article is purchased, permission to 
use it or otherwise dispose of it is implied. 

118. Can one patent infringe another pat- 
ent? 

Not in a legal sense. But the construc- 
tion shown in one patent may be such that 
if it were actually manufactured, the article 
made would infringe some other patent. 
Patents may, however, interfere in such 
wise that relief is required, and a person 
interested in either patent may sue in court 
for adjustment of the matter. 

119. Is the question of infringement con- 
sidered in the Patent Office? 

Not at all. The purposes and proceed- 
ings in the Patent Office are concerned en- 
tirely with the examination of applications 
with regard to the novelty of inventions 
and the granting and issuing of patents. 

120. Where is a question of infringement 
decided? 

Only in the courts of the United States. 

121. What can the court do? 

The court can prevent the manufacture 
of infringing goods, and confiscate infring- 
ing articles already made. It may order 
payment of damages on account of the in- 
fringement, as well as payment of profits, 

32 



if any have been made by the infringer 
which should have been made by the pat- 
entee. 

122. Why then are infringement searches 
made by attorneys in the Patent Office? 

Because it is the only institution v/here 
the records of patents are in complete form 
and suitably classified and arranged for 
such exact investigation, requiring not only 
a full understanding of the prior art, as 
shown in cognate patents, but also exacting 
that the specifications, and particularly the 
claims of such patents, be carefully read and 
legally weighed. 

123. Is it advisable to investigate a pat- 
ent before buying, or becoming interested 
in it? 

In order to avoid future trouble and prob- 
able loss of time and money, it is essential 
to have the patent examined, not only to 
ascertain that it is sound and covers the in- 
vention or improvement described, but also 
to make sure that there is no prior patent 
having a claim which would dominate a 
manufacture under the patent. 

124. Has a United States patent any force 
in a foreign country? 

None whatever. Each country has its 
own patent laws, and grants its own pat- 
ents. 

125. How may an invention be protected 
in a foreign country? 

By obtaining a patent of that country. 
In nearly every country a patent will be 
granted to a citizen of any other country. 

126. What countries offer superior a4- 
vantages? 

Those in which the arts and improve- 
ments of civilization are most advanced, 

33 



and in which the laws relating to protection 
by patent are of superior character and are 
intelligently enforced. 

127. If application for the foreign patent 
is filed firsts what is the effect on a United 
States patent for the same thing? 

The United States patent is not affected, 
unless the foreign application was filed 
twelve months before the application for 
the patent of the United States, in which 
case the latter patent is void. 

128. If the United States patent is ob- 
tained first, what is the effect on the foreign 
patent? 

As a general rule, the issue of a United 
States patent prior to the date of filing a 
foreign application will invalidate a patent 
issued upon such foreign application, unless 
the application for the United States patent 
was filed less than twelve months before the 
foreign application was filed. This applies 
to most foreign countries, but not in all. 

129. What is the effect of treaty stipula- 
tions in this regard? 

The design of treaty stipulations is to 
place the citizens of the countries having 
the treaty on the same footing with regard 
to proceedings in the several countries for 
patents and trade-marks. But no applica- 
tion or action in either country has any pro- 
tective force in the other country. In other 
words, a citizen of one country, in treaty, 
is entitled to no other or further rights in 
another country than a citizen of the other 
under its laws. 

130. What countries have international 
conventions or agreements relating to pat- 
ents and trade-marks? 

Austria, Hungary, Belgium, Brazil, Den- 
mark, France, Germany, Great Britain, 

34 



Italy, Japan, Russia, Servia, Spain Switzer- 
land, the Netherlands , Sweden, Norway, 
Mexico, Cuba, Portugal, Australia, New 
Zealand and the United States. Also in 
America, Argentina, Brazil, Chili, Colum- 
bia, Costa Rica, Cuba, Dominica, Ecuador, 
Haiti, Honduras, Mexico, Nicaraugua, Pan- 
ama, Paraguay, Peru, Uruguay, Venezuela 
and the United States. 

131. What is the main thing to be avoid- 
ed before filing an application for patent in 
a foreign country? 

A descriptive publication of the invention 
disclosing its principles and details of con- 
struction should be avoided. An advertise- 
ment merely of the purposes and advan- 
tages of such an invention is not regarded 
as a descriptive publication, and would not 
affect the validity of a foreign patent. 

132. What kind of publication will affect 
a patent? 

A publication of the construction and 
mode of operation of the invention, such as 
w^ould enable a person to make it and use 
it, would, if proved to have occurred before 
the date of the application for the patent, 
aft'ect the validity of a foreign patent in 
some countries. 

133- Will such publication invalidate a 
patent of the United States? 

Not unless the descriptive matter w^ere 
published more than two years before the 
application for the patent. Ordinary ad- 
vertisements of the purposes and advan- 
tages of an invention are not such publica- 
tions as would affect a patent. 
35 



134- Does the use of a device in a foreign 
country prevent a valid United States pat- 
ent for the same thing? 

Not unless it has been described in a pat- 
ent or a publication. 

135. What are the usual fees or costs in- 
volved in making applications for foreign 
patents? 

The costs vary with each country. In the 
principal countries of Europe, except Rus- 
sia, the expenses are about the same as (or 
but little more than) in the United States. 



36 



LIBRARY OF CONGRESS 



019 935 730 fi 



" If men are confident, full of hope, if they 
know they are going to have free chances, if 
they know that the doors of opportunity are 
open to them, if they know they are going to 
get fair treatment, then America can conquer 
the world of enterprise because of this hope. 
I am interested in nothing so much as releas- 
ing the honest energy of the country/' 

— President Wilson. 



